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03-11-2014 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 8, 2014 CITY COUNCIL ORANGE, CALIFORNIA MEETING MINUTES March 11, 2014 The City Council of the City of Orange, California convened on March 11, 2014, at 4:30 p.m. in a Special Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SPECIAL MEETING SESSION 1. ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 2. ORAL COMMUNICATIONS - None 3. EMPLOYEE SERVICE AWARDS - Presented 4. ADJOURNMENT — The City Council adjourned at 4:55 p.m. to the Closed Session of the Regular Meeting held on Tuesday March 11, 2014, at 5:00 p.m. in the Council Chambers. PAGE 1 CITY COUNCIL MINUTES 5:00 P.M. SESSION 1. ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 2. ORAL COMMUNICATIONS - None March 11, 2014 3. RECESS TO CLOSED SESSION - the City Council recessed at 5:03 p.m. a. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9: Case: Roberta La Fleur v. City of Orange United States District Court Case No. 14 -CV -0188 AG(RNBx) b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager, and Mike Harary, Assistant Human Resources Director Employee Organizations: City of Orange Police Management Association and City of Orange Police Association (COPA) 4. ADJOURNMENT — The City Council adjourned the Closed Session at 5:50 p.m. The next session of the Regular City Council Meeting will be held on Tuesday March 11, 2014, at 6:00 p.m. in the Council Chambers. PAGV 7 CITY COUNCIL MINUTES 6:00 P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Pastor Bob Burris, Taft Avenue Community Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Teresa E. Smith 1.3 ROLL CALL PRESENT - Alvarez, Whitaker, Smith, Murphy, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of MADD Deuce Awards March 11, 2014 Presentation of Retirement Resolution to Police Lieutenant Patrick Richard Thayer Presentation of Retirement Resolution to Jose G. Maciel Presentation of Retirement Resolution to Hector P. Velasquez Presentation of Proclamation Recognizing the City's NMA Organization's 30` Anniversary Presentation by Southern California Gas Company Presentation by Orange Public Library Foundation and Southern California Edison to the Orange Public Library Announcement of Memorial Adjournment for John Godlewski, former City of Orange Planner and long -time Orange resident. 2. PUBLIC COMMENTS - R. Kevin Bossenmeyer spoke to Council about advertising the "Walk for Kids" fundraiser event to benefit the Ronald McDonald House. PACE CITY COUNCIL MINUTES 3. CONSENT CALENDAR March 11, 2014 All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any member of the City Council, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar. 3.1 Confirmation of warrant registers dated February 6, 13, 20, and 27, 2014. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of February 11, 2014. (C2500.D.4) NOTE: Councilmember Murphy noted an abstention on this item due to his not being present at the meeting. ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report, period ending January 31, 2014. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 Four -year Agreement with the Orange International Street Fair, Inc. (OISF) for production of the Orange International Street Fair. (Continued from February 11, 2014) (A2100.0 Agr- 1071.I) Note: Mayor Smith recused herself due to her involvement with the Street Fair and left the dais. Discussion — Deputy City Manager Irma Hernandez gave the staff report and confirmed for Councilmember Alvarez that a meeting with the merchants and property owners affected by the Street Fair will be conducted in June or July. Council confirmed the direction given to staff on determining the electrical costs for reimbursement and agreed to add the word "utilities" to Section 2.5 of the agreement for reimbursement of costs. Speaker — Adam Feliz, OISF President, spoke on OISF's need for the agreement to be approved to go forward with planning the Fair. PACP 4 CITY COUNCIL MINUTES March 11, 2014 3. CONSENT CALENDAR (Continued) MOTION - Alvarez SECOND - Bilodeau AYES - Alvarez, Whitaker, Murphy, Bilodeau ABSTAINED (RECUSED) — Smith Moved to approve agreement with the addition of the word "utilities" to Section 2.5; and authorize the Mayor and City Clerk to execute on behalf of the City. 3.6 Agreement with Granger Construction, Inc. for Installation of a Ridge Beam and Roof on the Hart Park Picnic Shelter, in the amount of $31,948.80. (A2100.0 Agr - 6079) ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on behalf of the City. (REMOVED AND HEARD SEPARATELY) 3.7 Lease Agreement with Ruby's Diner Orange Depot, LLC, to operate Ruby's Diner at the Santa Fe Depot Building at 186 North Atchison Street. (A2100.0 Agr -6080) Note: Mayor pro tem Whitaker recused himself due to a potential conflict with his employment and left the dais. Discussion — Economic Development Department Project Coordinator Aaron Schulze responded to questions from Council on the restaurant's sales and lease terms. Ideas were given on assisting with advertising the business. MOTION - Alvarez SECOND - Smith AYES - Alvarez, Smith, Murphy, Bilodeau ABSTAINED (RECUSED) —Whitaker Moved to approve the lease agreement and authorize the Mayor and City Clerk to execute on behalf of the City. 3.8 Second Amendment to Agreement with Orange Sunrise Rotary for use of the Orange Plaza for the Annual Car Show on April 13, 2014. (A2100.0 Agr - 5541.2) ACTION: Approved the amendment and authorized the Mayor and City Clerk to execute on behalf of the City. 3.9 Agreement with Tele- Works, Inc. to provide Utility Billing services, in an amount not -to- exceed $90,000.00. (A2100.0 Agr -6081) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. PAGF. 5 CITY COUNCIL MINUTES March 11, 2014 3. CONSENT CALENDAR (Continued) 3.10 Third Amendment to Agreement with Chapman University for Local Cable Programming. (A2100.0 Agr- 5689.3) ACTION: 1) Authorized the Mayor and City Clerk to execute the agreement on behalf of the City; and 2) Appropriated $25,000.00 from Account No. 130.0000.41160.20067 (PEG Program Revenues) to Account No. 130.0000.51700.20067 (Contractual Services for PEG Program) to cover the FY 2013 -14 costs associated with the Chapman Agreement. The remainder $175,000.00 will be budgeted in the FY 2014 -15 and FY 2015 -16 budget process. APPROPRIATIONS 3.11 Appropriation of Donation from the Orange Public Library Foundation (OPLF) of $9,848.84. (C2500.I) ACTION: 1) Accepted into the City's revenue budget a $9,848.84 donation into revenue Account No. 100.2001.48390.19322 (Library Foundation Donations); and 2) Appropriated the donation into the following expenditure accounts: 100.2001.53301.19322 - OPLF (Book Budget) $ 500.00 100.2004.55131.19322 - OPLF (Furniture, Machinery, Equip) $8,143.84 100.2017.51670.19322 - OPLF (Other professional & consulting services) $ 450.00 100.2017.55131.19322 - OPLF (Furniture, Machinery, Equip) $ 755.00 $9,848.84 3.12 Appropriation of Funds received from Santa Ana College for Fire Department Training. (C2500.H) ACTION: 1) Accepted into the City's revenue budget a $25,503.08 grant payment from Rancho Santiago Community College District, into revenue Account No. 100.3023.48210.20174 (Santa Ana College Training FY13 -14); and 2) Authorized the appropriation of $25,503.08 into expenditure Account No. 100.3023.51840.20174 (Santa Ana College Training FYI 3 -14). BIDS 3.13 Bid No. 134 -21; FY 2013 -14 Community Development Block Grant (CDBG) Project — Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations. Approval of plans and specifications and request for authorization to advertise for bids. (S4000.S.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the FY 2013 -14 CDBG ADA Wheelchair Access Ramps at Various Locations. PAC.F.6 CITY COUNCIL MINUTES March 11, 2014 3. CONSENT CALENDAR (Continued) 3.14 Bid No. 134 -22; Annual Pavement Maintenance at Various Locations, Fiscal Year 2013 -2014. Approval of plans and specifications and authorization to advertise for bids. (S4000.S.7) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Pavement Maintenance Project at Various Locations, FY 2013 -14. 3.15 Rejection of all Bids — Bid No. 134 -18; Hart Park and Stacey Lee Lane Sewer Lift Station Rehabilitation Project. (C2500.M.3) ACTION: Rejected all bids received and authorized the re- advertisement of this project. 3.16 CLAIMS (C3200.0) The following claim(s) have been received and investigated by the City Attorney's Office and/or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. County of Orange b. Hsiuling L. Hu C. Jonathan Hu d. Ruben Munoz, Jr. ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.17 Award of Contract: Bid No. 134 -11; Chapman Avenue Improvement Project. (A2100.0 Agr -6082) ACTION: Awarded the contract in the amount of $340,850.00 to Bannaoun Engineers Constructors Corporation of Chatsworth, CA and authorized the Mayor and City Clerk to execute on behalf of the City. 3.18 Final Acceptance of Bid No. 134 -02; Street Improvements: Citrus Street, Fairmont Street, Birch Avenue, Parker Street, Clark Street, Grand Street, Toluca Avenue, River Avenue and Orange Street; FY 2012 -13 performed by Hardy & Harper, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -6035) ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 0628811 in the amount of $808,000.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. Par.F, 7 CITY COUNCIL MINUTES March 11, 2014 3. CONSENT CALENDAR (Continued) 3.19 Final Acceptance of Bid No. 123 -37; Rancho Santiago Blvd. Bike Trail Rehabilitation Project performed by Ben's Asphalt, Inc.; and authorization to file the Notice of Completion with the County Recorder. (No staff report required.) (A2100.0 Agr -6059) ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit Company of Maryland, Bond No. 08739254 in the amount of $13,200.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. RESOLUTIONS 3.20 RESOLUTION NO. 10769 (S4000.0) A Resolution of the City Council of the City of Orange Accepting Certain Roads and Streets into the City Street System. ACTION: Approved. 3.21 RESOLUTION NO. 10770 (S4000.0) A Resolution of the City Council of the City of Orange Accepting Certain Roads and Streets into the City Street System. ACTION: Approved. 3.22 RESOLUTION NO. 10771 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2011 -04 merging two lots of certain real properties situated at 1213 and 1221 W. Palmyra Avenue, in the City of Orange, County of Orange, State of California. ACTION: Approved. 3.23 RESOLUTION NO. 10772 (C2500.J.4.3) A Resolution of the City Council of the City of Orange Amending the Memorandum of Understanding Between the City of Orange and the Orange City Firefighters, Local 2384 of the International Association of Firefighters, AFL -CIO Relating to Holiday Pay and Holiday Pay in Lieu of Time Off. ACTION: Approved. PAGF. 9 CITY COUNCIL MINUTES March 11, 2014 3. CONSENT CALENDAR (Continued) 3.24 RESOLUTION NO. 10773 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2013 -02 adjusting the lot line between two lots of certain real properties situated at 206 West Almond Avenue, in the City of Orange, County of Orange, State of California. ACTION: Approved. 3.25 RESOLUTION NO. 10774 (C2500.K) A Resolution of the City Council of the City of Orange Expressing Appreciation to Lieutenant Patrick Richard Thayer for Twenty Seven years of loyal and dedicated service. ACTION: Approved. SPECIAL EVENTS 3.26 Special Event Permit with Spectrum Sports for a Disney Half- Marathon on Sunday, November 16, 2014. (P1300.0.9) ACTION: Authorized the closure of Chapman Avenue westbound lanes at City western limit to Lewis Street; Lewis Street from Chapman Avenue to Garden Grove Blvd.; and Garden Grove Blvd. from Lewis Street to the City limit boundary at the Santa Ana riverbed, pursuant to Orange Municipal Code § 12.58.015. MOTION - Murphy SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Councilmember Murphy abstained on Item 3.2 due to his not being present at the meeting. Item 3.5 and 3.7 were removed and heard separately. Mayor Smith recused herself on Item 3.5 due to involvement with the Street Fair; and Mayor pro tem Whitaker recused himself on Item 3.7 due to a potential conflict with his employment. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR SMITH - None 5. REPORTS FROM COUNCILMEMBERS - None PACF. 0 CITY COUNCIL MINUTES March 11, 2014 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Award of Contract — Bid No. 134 -09; Construction of the New Marywood Pump Station. (A2100.0 Agr -6072) Note: The Public Works Director requested this item be removed from the agenda. MOTION - Smith SECOND - Bilodeau AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau Moved to remove this item from the agenda. 8. REPORTS FROM CITY MANAGER — City Manager John Sibley announced a FY 2014 -15 Budget Study Session will be held on March 25 in the Weimer Room to discuss departments' work plans and projected revenues and expenditures. He also gave the Council an update on the recruitment for Finance Director, Community Development Director, and the Building Official. 9. LEGAL AFFAIRS - None 10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY - None 11. ADJOURNMENT — The City Council adjourned at 7:35 p.m. in memory of John Godlewski, former City of Orange Planner and long -time Orange resident. The next Special City Council Meeting will be held on Tuesday, March 25, 2014, at 5:00 p.m. in the Weimer Room for a FY 2014/15 Budget Study Session. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a special and a regular meeting of March 11, 2014 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting; and available at the Civic Center City Clerk's Office. P, ROB kT ZORNADO C14IEF CLERK TERESA E. MITH MAYOR Par.F. in